Mednik

Mednik v. State Department of Health Care Services

Good Law
175 Cal. App. 4th 631·2009 Cal. App. LEXIS 1069·96 Cal. Rptr. 3d 112
Court of Appeal of CaliforniaJune 30, 2009B193269California5,970 words

Opinion

Opinion

Epstein, J.

In this appeal, we consider whether the procedural protections appellant George Mednik received in connection with his temporary yet lengthy exclusion from participation as a Medi-Cal provider satisfied the requirements of due process. Mednik contends the length of his exclusion from participation amounts to a debarment, and that he has not been accorded the fair hearing before an impartial arbiter to which he is entitled.

Although we agree with Mednik’s assertion that he has a liberty interest at stake in this matter, we conclude that the process afforded him by the time judgment was rendered in this case was constitutionally adequate. We therefore affirm the judgment denying Mednik’s petition for writ of mandate, without prejudice to Mednik pursuing the matter in the trial court with a new petition for writ of mandate based on actions or inaction subsequent to the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Mednik is a licensed physician; he specializes in radiology. From at least 1994 until the events underlying this action, Mednik provided services to beneficiaries of the Medi-Cal system and was reimbursed for such services by respondent State Department of Health…

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